Sayas v. Biometric Impressions Corp.

The Notice is a court-authorized Notice of a proposed settlement (the “Settlement”) in a class action lawsuit, Sayas v. BioMetric Impression Corp., Case No. 2020 CH 000210 (the “Litigation”), pending in the Circuit Court of Cook County, Illinois, before the Honorable Allen P. Walker (the “Court”). The Settlement would resolve the Litigation brought on behalf of persons who allege BioMetric Impressions Corp. (“BIC”) fingerprinted them without first providing the written disclosures and obtaining the written consent required by the Illinois Biometric Information Privacy Act. The Court granted final approval of the Settlement Agreement and has certified the Settlement Class. The Notice explains the nature of the class action lawsuit, the terms of the Settlement Agreement, and the legal rights and obligations of members of the Settlement Class. Please read the instructions and explanations below so that you can better understand your legal rights.

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1, et seq., prohibits private companies from capturing, obtaining, storing, transferring, and/or using the biometric identifiers and/or information of another individual for any purpose, including timekeeping, without first providing such individual with certain written disclosures and obtaining written consent. The Litigation alleges that BIC violated BIPA by fingerprinting individuals without first providing them the written disclosures and obtaining the written consent required by the law. BIC contests these claims and denies that it violated BIPA.

A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Class” or “Class Members.” When a Class Action is settled, the settlement, which must be approved by the court, resolves the issues for all Class Members, except for those who exclude themselves from the settlement.

To resolve this matter without the expense, delay, and uncertainties of litigation, the parties have reached a settlement, which resolves all claims by the Class related to BIC’s fingerprinting services. The Settlement Agreement calls for BIC to create a Settlement Fund, which will then be used to pay valid claims by the Settlement Class, settlement administration expenses, attorneys’ fees and costs to Class Counsel, and a service award to the Class Representatives. The Settlement is not an admission of wrongdoing by BIC and does not imply that there has been, or would be, any finding that they violated the law.

The Settlement Class includes all persons who were fingerprinted by BIC: (a) between January 8, 2015, and August 14, 2023; and (b) for whom such fingerprinting services were not paid by the State of Illinois pursuant to the CMS Contract (as defined in the Settlement Agreement).

1. Accept the Settlement
   

   To accept the Settlement, you must have submitted a Claim Form by February 22, 2024. If the Settlement is approved and your claim is deemed valid, a cash payment will be sent to you by electronic means or check. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement and is the only thing you need to do to receive a payment.

2. Exclude yourself
   

   To exclude yourself from the Settlement, you must have mailed a signed letter to the Settlement Administrator at P.O. Box 2228, Portland, OR 97208-2228 by January 8, 2024.

3. Object to the Settlement
   

   If you wished to object to the Settlement, you must have submitted your objection in writing to the Clerk of the Circuit Court of Cook County, Illinois, Daley Center, 50 W. Washington St. Ste 1001, Chicago, IL 60602. The objection must have been received by the Court no later than January 8, 2024.

4. Do Nothing
   

   If you do nothing, you will receive no money from the Settlement Fund, but you will still be bound by all orders and judgments of the Court. Unless you excluded yourself from the Settlement, you will not be able to file or continue a lawsuit against the Releasees regarding any of the Released Claims. Submitting a valid and timely Claim Form is the only way to receive a payment from this Settlement.

Cash Payments. BIC has agreed to create a Settlement Fund in the amount of $10,850,000 for Settlement Class Members. Class Members who timely submitted a valid Claim Form are eligible to receive up to $1,000 if they were fingerprinted by BIC between January 8, 2015, and August 14, 2023 (and the fingerprinting services were not paid for by the State of Illinois pursuant to the CMS Contract). The exact amount of each payment is and will be unknown until the Court grants final approval of the Settlement. The Settlement Administrator will issue an electronic payment or check to each Class Member who submitted a valid and timely Claim Form following the final approval of the Settlement. All checks issued to Settlement Class Members will expire and become void 120 days after they are issued. Additionally, the Court awarded attorneys’ fees of $3,613,050.00, plus reasonable out-of-pocket litigation costs of $22,631.36 for the time, expense and effort expended in investigating the facts, litigating the case, and negotiating the Settlement. The Court approved a payment of $6,000 to the Class Representatives for their time and service in this matter.

Unless you excluded yourself from this Settlement, you will be considered a member of the Settlement Class, which means you give up your right to file or continue a lawsuit against BIC and any other Releasees (as defined in the Settlement Agreement) related to the alleged violations of BIPA. Giving up your legal claims is called a release. The precise terms of the release are in the Settlement Agreement, which is available here. Unless you formally excluded yourself from this Settlement, you will release your claims. If you have any questions, you can talk for free to the attorneys identified in FAQ 12 who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.

The Court has granted final approval of the Settlement Agreement, and no appeal has been filed. If you submitted a valid and timely Claim Form, a payment from the Settlement Fund is estimated to be issued to you by the end of May 2024. Due to the number of Claim Forms submitted, payments for Class Members who submitted valid and timely Claim Forms are estimated to be about $450.

A final hearing on the Settlement, called a Final Approval Hearing, was held to determine the fairness of the Settlement Agreement. At the Final Approval Hearing, the Court certified the Settlement Class, heard any proper objections and arguments to the Settlement Agreement, and granted Class Counsel’s requests for an award of attorneys’ fees, costs, and expenses and a Class Representative Incentive Award. The Court held the Final Approval Hearing on March 5, 2024, at 11:00 a.m. at the Circuit Court of Cook County, Illinois, Daley Center, 50 W. Washington St., Chicago, IL 60602.

The Court did not make any determination as to the merits of the claims against BIC or its defenses to those claims. Instead, the Settlement Agreement’s terms took effect and the Litigation was dismissed on the merits with prejudice. Both sides have agreed to the Settlement in order to achieve an early and certain resolution to the Litigation, in a manner that provides specific and valuable benefits to the members of the Settlement Class.

If the Court approves the Settlement Agreement and the approval is reversed on appeal, or if the Settlement Agreement does not become final for some other reason, you will not be paid at this time and Class Members will receive no benefits from the Settlement Agreement. Plaintiffs, BIC, and all of the Class Members will be in the same position as they were prior to the execution of the Settlement Agreement, and the Settlement Agreement will have no legal effect, no class will remain certified (conditionally or otherwise), and the Plaintiffs and BIC will continue to litigate the lawsuit. If the Settlement Agreement is not approved, there can be no assurance that the Settlement Class will recover more than is provided in the Settlement Agreement, or indeed anything at all.

The Court has approved the following attorneys to represent the Settlement Class. They are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer instead, you may hire one at your own expense.

Elissa Hobfoll
Bradley Levison
HERSCHMAN LEVISON HOBFOLL PLLC,
401 S. LaSalle Street, Ste. 1302G
Chicago, IL 60605
 1-312-870-5800
 elissa@hlhlawyers.com
 brad@hlhlawyers.com

The Notice is only a summary of the proposed Settlement of this lawsuit. More details are in the Settlement Agreement which, along with other documents, can be obtained here. If you have any questions, you can also call the Settlement Administrator at 1-877-834-0275 or Class Counsel at the numbers or email addresses set forth above. In addition to the documents available on the Settlement Website, all pleadings and documents filed in court may be reviewed or copied in the Office of the Clerk.

Please do not call the Judge or the Clerk of the Court about this case. They will not be able to give you advice on your options.